SC stays Elections Commissioner’s order

SB gets time till FR Application determination

By Stanley Samarasinghe
The Supreme Court yesterday issued an Interim Order staying the Elections Commissioner’s decision not to include UNP National Organiser S.B. Dissanayake’s name to the voters’ list until December 4, 2011.

The order will be valid until the final determination of the Fundamental Right Application filed by UNP National Organiser S.B. Dissanayake requesting the court to declare the Commissioner’s order null and void and to include his name to the voters’ list.
The Bench comprising Justices Dr. Shiranee Bandaranayake and Saleem Marsoof PC, Jagath Balapatabendi made this order after hearing the counsels of both parties and granted leave to proceed with the FR Application.

President’s Counsel Faize Musthapa who appeared for petitioner Dissanayaka submitted to Court that the Commissioner informed this decision in a letter to the petitioner after he was sentenced to prison for contempt of the Supreme Court.

He contended that the sentence cannot be considered as an offence preventing his right to be in the voters list, because contempt of court is not an offence created by an Act of Parliament.

Senior State Counsel D. Viraj Dayaratna arguing for the Elections Commissioner and Attorney General said contempt of court is an offence under Article 105(3) of the Constitution and the Supreme Court dealt on that Article by five judges and delivered a judgment. The issue of contempt is punishable, if a person found guilty for contempt of court. Petitioner was punished according to Article 105(3).

Faize Musthapa PC, Kolitha Dharmaratna, J.C. Weliamuna appeared for petitioner instructed by Gowri Thavarasa. Senior State Counsel D. Viraj Dayaratna appeared for the Elections Commissioners and the Attorney General. Court fixed further hearing for April 1, 2009.